General

These Terms of Use are entered into by and between you (“you” or “user”) and iX Biopharma Pty Ltd and its affiliated companies (collectively “iX Biopharma”, “our” “us” or “we”). By accessing, browsing, using and/or linking to our website (“Website”), you agree to be bound by these Terms of Use. Please read them carefully.

Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

You acknowledge that the Website is for residents of states with laws regulating medical or the recreational use of cannabis only. Cannabis is included on Schedule 1 under the Australian Misuse of Drugs and Therapeutic Drugs Act. It is your responsibility, and yours alone, to ensure that by accessing the Website, you are not acting in contravention of the laws applicable to you.

Important Disclaimers

You expressly acknowledge and agree that the information, materials and services contained on the Website are provided to you on an “as is” and “as available” basis and that your use of or reliance upon the Website and any third party content and services access thereby is at your sole risk and discretion. We do not warrant or guarantee the accuracy, reliability, authenticity or completeness of any of the information contained on the Website.

The information, including but not limited to, text, graphics, images and other materials contained on the Website are for informational purposes only. No material on the Website is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

iX Biopharma is not responsible for your relationship with any dispensary, retail location, health care provider, any third-party, or other users of the site or services. iX Biopharma is not obligated to screen dispensaries, retail locations, health care providers, or their content, or deals to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of information they provide.

Privacy

You may be required to register to access certain features of the Website. By using the Website and/or registering, you agree to the terms of the Privacy Policy, which is available here and such other terms as may be indicated at the time of registration.

Limitation of Liability

To the extent not prohibited by law, in no event shall iX Biopharma be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the website , however caused, regardless of the theory of liability (contract, tort or otherwise) and even if iX Biopharma has been advised of the possibility of such damages.

Changes

We reserve the right at any time to modify these Terms of Use and to impose new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use. Your continued use of the Website will be deemed acceptance thereof.

Disclaimer

You expressly agree that use of our Website is at your sole risk. In no event will iX Biopharma, its directors, officers, employees and representatives warrant that our Website will be uninterrupted or error-free. In addition, iX Biopharma, does not make any warranty as to the results that may be obtained from the use of our Website, or use of the information, content, service, or products provided through our Website.

Further, iX Biopharma explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from our Website from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use our Website, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from our Website; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on our Website; (v) negligent or willful acts of iX Biopharma, its directors, officers, employees and representatives or (vi) any other matter relating to our Website.

Indemnification

You agree to indemnify and hold iX Biopharma, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the information you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of the Terms of Use, or your violation of any rights of a third party.

Intellectual Property

You agree that the Website, including but not limited to graphics, user interface, audio, video, editorial content, and the scripts and software used to implement the Website service, contains proprietary information and material that is owned by iX Biopharma/or the relevant licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website in accordance with these Terms of Use. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.

Your Account Obligations

You agree to provide true, accurate, current and complete information on the Website and maintain and promptly update the information on the Website to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of our Website.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

You must not use our Website for any conduct which is in violation of applicable law or is harmful to the interests of iX Biopharma or any third party.

Your Conduct

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Website, use of our Website, or access to our Website. You agree not to access our Website by any means other than through the interface that is provided by us for use in accessing our Website.

Our Rights

iX Biopharma may terminate your access, or suspend your access to all or part of our Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. iX Biopharma and the users of the Website hereby agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

Last updated 9th Dec, 2019